McConnell took issue with the two "partisan Democrat district judges" who, after the American public voted against Democrats in the previous month, decided to "unretire."
McConnell, in his address on the Senate floor, pointed out that historically, only two judges have ever reversed their retirement decisions after a presidential election. "One Democrat in 2004 and one Republican in 2009. But now, in just a matter of weeks, Democrats have already met that all-time record. It's hard to conclude that this is anything other than open partisanship," he stated.
In the middle of November, U.S. District Judge Algenon Marbley of Ohio communicated to President Biden his decision to remain on the bench, given that Biden had not nominated a successor. Marbley, a Clinton appointee, stated, "I have therefore decided to remain on active status and carry out the full duties and obligations of the office," due to the absence of a confirmed successor.
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Simultaneously, U.S. District Judge Max Cogburn of North Carolina, an Obama appointee, also retracted his retirement plans, as reported by Reuters. Both Marbley and Cogburn had previously planned to assume senior status before the election, which would have permitted them to handle reduced caseloads until a successor was appointed by the President.
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McConnell interpreted their decisions to reverse their retirements following Trump's victory as a sign of political bias. He encouraged the incoming Trump administration to "explore all available recusal options with these judges." He also cautioned two sitting circuit court judges, who have announced retirements and have vacancies currently pending before the Senate, against making similar decisions to "unretire."
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"Never before has a circuit judge unretired after a presidential election. It's literally unprecedented. And to create such a precedent would fly in the face of a rare bipartisan compromise on the disposition of these vacancies," McConnell warned. He was referencing a bipartisan agreement on judicial nominations last month that ensured Trump's ability to appoint four key appellate court judges after he takes office in January.
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According to Fox News Digital, a Democratic source familiar with the matter disclosed that only two of the circuit court vacancies are certain, and the other two may ultimately decide against taking senior judge status. McConnell threatened that "significant ethics complaints" would follow swiftly if any retiring judge reversed their decision to take senior status because Trump won.
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"As I repeatedly warned the judiciary in other matters, if you play political games, expect political prizes. So let's hope these judges do the right thing and enjoy their well-earned retirement and leave the politics to the political branches," McConnell concluded. This report includes contributions from Fox News Digital's Julia Johnson and Kelly Phares.
